Jonathan Scott (Appellant) v Linda Harman (Respondent) (Jersey)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0015

Jurisdiction

Jersey

Parties

Appellant(s)

Jonathan Scott

Respondent(s)

Linda Harman

Issue

Was the judgment of the Family Registrar, which ordered the sale of the former matrimonial home of the Appellant and the Respondent, ultra vires? Were the proceedings below unfair in various ways?

Facts

The Appellant and the Respondent were married in July 1994. They separated in September 2014. In November 2015, the Respondent issued divorce proceedings on the basis that she and the Appellant had lived apart for a continuous period of at least one year. The Appellant consented to the divorce in December 2015, and decree nisi was pronounced in January 2016. The Appellant remained living in the matrimonial home, while the Respondent lived elsewhere for several years. In 2020, the Respondent reoccupied the matrimonial home after the breakdown of another relationship. There was no reconciliation between the Appellant and Respondent. Decree absolute was pronounced on 2 July 2024. In April 2024, the Respondent notified the court and Appellant of her intention to seek ancillary relief. The matter was heard by the Family Registrar, who gave a judgment in January 2025 ordering, among other things, that the matrimonial home should be sold and the proceeds split equally between the Appellant and Respondent. The Appellant appealed to the Royal Court, arguing that the Family Registrar did not have jurisdiction to hear the matter and that the proceedings below took place in breach of his rights under the European Convention on Human Rights. The Royal Court rejected these arguments, finding that the Family Registrar did have jurisdiction and that there was no error in her approach that would justify appellate intervention. The Appellant appealed to the Court of Appeal who rejected a number of further arguments relating to the Family Registrar’s jurisdiction and the fairness of the proceedings below. The Appellant now appeals to the Judicial Committee of the Privy Council.